Legal Certainty: A European Alternative to American Legal Indeterminacy?

Authors

  • James Maxeiner

Abstract

Americans are resigned to a high level of legal indeterminacy. This Article shows that
Europeans do not accept legal indeterminacy and instead have made legal certainty a general
principle of their law. This Article uses the example of the German legal system to show how
German legal methods strive to realize this general European principle. It suggests that these
methods are opportunities for Americans to develop their own system to reduce legal
indeterminacy and to increase legal certainty.

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Published

2021-11-01

Issue

Section

Articles